Appeal No. 95-4440
Application 07/841,707
General Microbiology, Vol. 102, pp. 249-254 (1977). Claims 19
and 20 read:
19. An isolated substantially biologically pure
microbial culture selected from the group consisting of
those having the following identifying characteristics:
A. pullulans ATCC 74100, A. pullulans ATCC 74101,
A. pullulans 74102, A. pullulans 74103, A. pullulans
74104, and A. pullulans 74105, and mutants thereof, said
culture being capable of reproducing itself and of producing
substantially non-pigmented pullulan having an M of
W
at least 6 x 10 in isolatable amounts when cultured in a6
liquid growing medium containing assimilable sources
of carbon, nitrogen, and inorganic substances.
20. Isolated substantially biologically pure
microbial
cultures selected from the group having the following
identifiable characteristics: A. pullulans ATCC 74100,
A. pullulans 74101, and A. pullulans 74105, and mutants
thereof, said culture being capable of reproducing itself
and capable of producing substantially non-pigmented
pullulan having an M of at least 6 x 10 inW 6
isolatable amounts when cultured under aerobic conditions
in a liquid growing medium containing assimilable
sources of carbon, nitrogen, and inorganic substances and
having DNA restriction patterns of lanes b, c, and d
of Figure 2B.
On April 2, 1998, at the request of the Group Director of
Technology Center 1600, the Board remanded this application
“to the jurisdiction of the patent examiner so that the issues
raised in this appeal can be reconsidered” (REMAND TO THE
EXAMINER, p. 1 (Paper No. 22)). In a “communication from the
EXAMINER” entered November 30, 1998 (Paper No. 23), the
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